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help and advise needed

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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tolaakins
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Joined: Fri Oct 21, 2011 12:08 pm

help and advise needed

Post by tolaakins » Fri Oct 21, 2011 12:21 pm

I am currently a holder of a residence card issued this year, i was married abroad and my marriage has been up to 3 years, i am in the process of initiating a divorce due to some reasons i dont want to say her,i and my wife have a child together.I want to find out if i want to retain my right of retention can i just send the decree nisi,decree absolute,working documents for my wife up till when divorce was initiated and my work document,I dont know if i have to send my passport as my rc is still valid till 2016 so i am not sending my passport.is that ok or i should just wait till when i am applying for EEA4 and also is right of retention automatic.

bobobo
Senior Member
Posts: 742
Joined: Fri Aug 29, 2008 3:13 pm

Re: help and advise needed

Post by bobobo » Fri Oct 21, 2011 1:41 pm

How can you get divorced without telling your spouse, something doesnt sound right here, sounds like a marriage of convenience.....thoughts anyone???
tolaakins wrote:I am currently a holder of a residence card issued this year, i was married abroad and my marriage has been up to 3 years, i am in the process of initiating a divorce due to some reasons i dont want to say her,i and my wife have a child together.I want to find out if i want to retain my right of retention can i just send the decree nisi,decree absolute,working documents for my wife up till when divorce was initiated and my work document,I dont know if i have to send my passport as my rc is still valid till 2016 so i am not sending my passport.is that ok or i should just wait till when i am applying for EEA4 and also is right of retention automatic.

vndpag
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Re: help and advise needed

Post by vndpag » Fri Oct 21, 2011 2:03 pm

tolaakins wrote:I am currently a holder of a residence card issued this year, i was married abroad and my marriage has been up to 3 years, i am in the process of initiating a divorce due to some reasons i dont want to say her,i and my wife have a child together.I want to find out if i want to retain my right of retention can i just send the decree nisi,decree absolute,working documents for my wife up till when divorce was initiated and my work document,I dont know if i have to send my passport as my rc is still valid till 2016 so i am not sending my passport.is that ok or i should just wait till when i am applying for EEA4 and also is right of retention automatic.
Hi tolaakins just follow the EU guidlines and be prepared the right doucments and evidence to show that your realtionship is for three years. I am not sure how you can divorce without telling your wife but I advice you go by rules dont mess it up or hide something which may get rejection in your case. Spend time to see some similar cases in this forum under retion of right you will get some idea. If you go by law your will success good luck

Punjab
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Location: in your heart

Post by Punjab » Fri Oct 21, 2011 2:46 pm

i think he meant HERE :lol:

mcovet
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Re: help and advise needed

Post by mcovet » Fri Oct 21, 2011 8:41 pm

bobobo wrote:How can you get divorced without telling your spouse, something doesnt sound right here, sounds like a marriage of convenience.....thoughts anyone???
tolaakins wrote:I am currently a holder of a residence card issued this year, i was married abroad and my marriage has been up to 3 years, i am in the process of initiating a divorce due to some reasons i dont want to say here,i and my wife have a child together.I want to find out if i want to retain my right of retention can i just send the decree nisi,decree absolute,working documents for my wife up till when divorce was initiated and my work document,I dont know if i have to send my passport as my rc is still valid till 2016 so i am not sending my passport.is that ok or i should just wait till when i am applying for EEA4 and also is right of retention automatic.

bobobo, why don't you just stop being suspicious of everyone, read the thing again and you will see that there is a child! If you follow your logic, everyone who wants to divorce under EEA route entered a sham marriage. By the way, if you research about the marriage of convenience, you will see that it is NOT illegal, in fact, all marriages are entered into for convenience purposes, that's the MAIN reason (which must match and follow the "LOVE" bit) for marriage.

P.S. Didn't you also divorce and retain rights under EEA route? how do we know yours wasn't a sham marriage?

batatarfc
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Re: help and advise needed

Post by batatarfc » Fri Oct 21, 2011 9:34 pm

mcovet wrote:
bobobo wrote:How can you get divorced without telling your spouse, something doesnt sound right here, sounds like a marriage of convenience.....thoughts anyone???
tolaakins wrote:I am currently a holder of a residence card issued this year, i was married abroad and my marriage has been up to 3 years, i am in the process of initiating a divorce due to some reasons i dont want to say here,i and my wife have a child together.I want to find out if i want to retain my right of retention can i just send the decree nisi,decree absolute,working documents for my wife up till when divorce was initiated and my work document,I dont know if i have to send my passport as my rc is still valid till 2016 so i am not sending my passport.is that ok or i should just wait till when i am applying for EEA4 and also is right of retention automatic.

bobobo, why don't you just stop being suspicious of everyone, read the thing again and you will see that there is a child! If you follow your logic, everyone who wants to divorce under EEA route entered a sham marriage. By the way, if you research about the marriage of convenience, you will see that it is NOT illegal, in fact, all marriages are entered into for convenience purposes, that's the MAIN reason (which must match and follow the "LOVE" bit) for marriage.

P.S. Didn't you also divorce and retain rights under EEA route? how do we know yours wasn't a sham marriage?
:D

Good mcovet!!!! Well done!!! :D :D

bobobo
Senior Member
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Re: help and advise needed

Post by bobobo » Fri Oct 21, 2011 11:41 pm

welll duuuhhhh to start with my ex new I was divorcing her, it was mutual..do you actually have a few grey cells or your mouth and hand work faster than your brain!!!!
mcovet wrote:
bobobo wrote:How can you get divorced without telling your spouse, something doesnt sound right here, sounds like a marriage of convenience.....thoughts anyone???
tolaakins wrote:I am currently a holder of a residence card issued this year, i was married abroad and my marriage has been up to 3 years, i am in the process of initiating a divorce due to some reasons i dont want to say here,i and my wife have a child together.I want to find out if i want to retain my right of retention can i just send the decree nisi,decree absolute,working documents for my wife up till when divorce was initiated and my work document,I dont know if i have to send my passport as my rc is still valid till 2016 so i am not sending my passport.is that ok or i should just wait till when i am applying for EEA4 and also is right of retention automatic.

bobobo, why don't you just stop being suspicious of everyone, read the thing again and you will see that there is a child! If you follow your logic, everyone who wants to divorce under EEA route entered a sham marriage. By the way, if you research about the marriage of convenience, you will see that it is NOT illegal, in fact, all marriages are entered into for convenience purposes, that's the MAIN reason (which must match and follow the "LOVE" bit) for marriage.

P.S. Didn't you also divorce and retain rights under EEA route? how do we know yours wasn't a sham marriage?

mcovet
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Re: help and advise needed

Post by mcovet » Fri Oct 21, 2011 11:58 pm

let's not get personal here, but your last phrase is so much more applicable to you, Sherlock. Do you think if the marriage was of convenience, the other party wouldn't know of the divorce and wouldn't cooperate? If anything, where the marriage is genuine you get the parties act acrimoniously. Anyway, as I said I don't want to redirect the discussion. Finally, unless someone uses fraudulent signatures to acknowledge the service of the petition, it is NOT possible to divorce your spouse without their knowledge. You, of all people, should know this as you went through the process yourself.

In the future, just try to help the OP and if you have nothing productive to suggest, it's better to keep your unfounded suspicions to yourself, we are not here to judge people, especially without any solid proof whatsoever.

Peace! :wink:

bobobo wrote:welll duuuhhhh to start with my ex new I was divorcing her, it was mutual..do you actually have a few grey cells or your mouth and hand work faster than your brain!!!!
mcovet wrote:
bobobo wrote:How can you get divorced without telling your spouse, something doesnt sound right here, sounds like a marriage of convenience.....thoughts anyone???
tolaakins wrote:I am currently a holder of a residence card issued this year, i was married abroad and my marriage has been up to 3 years, i am in the process of initiating a divorce due to some reasons i dont want to say here,i and my wife have a child together.I want to find out if i want to retain my right of retention can i just send the decree nisi,decree absolute,working documents for my wife up till when divorce was initiated and my work document,I dont know if i have to send my passport as my rc is still valid till 2016 so i am not sending my passport.is that ok or i should just wait till when i am applying for EEA4 and also is right of retention automatic.

bobobo, why don't you just stop being suspicious of everyone, read the thing again and you will see that there is a child! If you follow your logic, everyone who wants to divorce under EEA route entered a sham marriage. By the way, if you research about the marriage of convenience, you will see that it is NOT illegal, in fact, all marriages are entered into for convenience purposes, that's the MAIN reason (which must match and follow the "LOVE" bit) for marriage.

P.S. Didn't you also divorce and retain rights under EEA route? how do we know yours wasn't a sham marriage?
Last edited by mcovet on Sat Oct 22, 2011 12:05 am, edited 1 time in total.

mcovet
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Re: help and advise needed

Post by mcovet » Sat Oct 22, 2011 12:04 am

tolaakins wrote:I am currently a holder of a residence card issued this year, i was married abroad and my marriage has been up to 3 years, i am in the process of initiating a divorce due to some reasons i dont want to say her,i and my wife have a child together.I want to find out if i want to retain my right of retention can i just send the decree nisi,decree absolute,working documents for my wife up till when divorce was initiated and my work document,I dont know if i have to send my passport as my rc is still valid till 2016 so i am not sending my passport.is that ok or i should just wait till when i am applying for EEA4 and also is right of retention automatic.
they may ask you for your passport and return your application as incomplete without it. Why don't you post the passport and then after you have received the COA request it back for travelling purposes. If you can get a copy of your ex passport/ID card to submit it as well with a covering letter explaining why you cannot provide the original.

Your divorce process will take a few months so you have to make sure you can either make copies of her working history (payslips, P60 as you could divorce after April 2012 etc.) with her consent of course as proof or prove she had been in the UK exercising Treaty Rights otherwise.

Who is responsible for the child? Is the child going to stay with you or you haven't discussed this yet? If you will have the custody of the child, if I remember correctly, you could qualify for retention of right even without your ex work history.

tolaakins
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mistake made

Post by tolaakins » Sat Oct 22, 2011 1:15 am

@bobobo dont just bump into what you dont know, i made a typographical error and i wanted to type here and not her,we both have a baby together,she is cooperating with me but i just dont feel like saying what happened here.she is wrong and she knows that so she is ready to do anything to make up for it.

bobobo
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Re: mistake made

Post by bobobo » Sun Oct 23, 2011 12:45 pm

tolaakins a small mistake can change the meaning of everything, which I am sure you must have realised by now.

Mcovet - listen dude dont tell me what to do, I will post by my own free will so best you dont be a low life and get on with.and also dont refer to my case if you dont have a flying f***n clue of whats going on. you get that or you want me to be more explicit with you???

I will not be defensive as I am not hiding anything on the other hand you might be. I dont understand why you guys start preaching without acknowledging the fact what the OP wrote was a Howler!!!
tolaakins wrote:@bobobo dont just bump into what you dont know, i made a typographical error and i wanted to type here and not her,we both have a baby together,she is cooperating with me but i just dont feel like saying what happened here.she is wrong and she knows that so she is ready to do anything to make up for it.

mcovet
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Re: mistake made

Post by mcovet » Sun Oct 23, 2011 7:08 pm

bobobo wrote:
Mcovet - listen dude dont tell me what to do, I will post by my own free will so best you dont be a low life and get on with.and also dont refer to my case if you dont have a flying f***n clue of whats going on. you get that or you want me to be more explicit with you???
Since no action has been taken against you for your asterisked swearing (yet) yes... please be MORE explicit with me and see how far you can go until you get banned...

Again you are angry with me for pointing out your ignorance but at the same time you get offended when I suggest smth about your marriage that maybe true, how do we know it wasn't a sham and you did it to stay in the UK? The facts speak for themselves, you retained the right to reside! Is it not enough? And btw even if the OP had made a typographical error, even presuming that you could have enquired as to why his wife shouldn't know about the divorce rather than straightaway smelling a rat...rat!

anyway, forget about it, enjoy your freedom now that you retained your right and can get on with life. So, get on with it.

P.S. I am not a "dude"! Another of your presumptions...

[/i]

bobobo
Senior Member
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Joined: Fri Aug 29, 2008 3:13 pm

Re: mistake made

Post by bobobo » Sun Oct 23, 2011 8:30 pm

Mcovet think what you want to think, If you think I enterd i the sham marriage then I am cool with it, I dont give a toss in all honesty. Also I get offended when people try to stick up for others ignoring the obvious

Dont try to be a guardian angel to everyone, people can speak for themselves is that clear...I understand its your "key" characteristic to be nosy but try to refrain.


mcovet wrote:
bobobo wrote:
Mcovet - listen dude dont tell me what to do, I will post by my own free will so best you dont be a low life and get on with.and also dont refer to my case if you dont have a flying f***n clue of whats going on. you get that or you want me to be more explicit with you???
Since no action has been taken against you for your asterisked swearing (yet) yes... please be MORE explicit with me and see how far you can go until you get banned...

Again you are angry with me for pointing out your ignorance but at the same time you get offended when I suggest smth about your marriage that maybe true, how do we know it wasn't a sham and you did it to stay in the UK? The facts speak for themselves, you retained the right to reside! Is it not enough? And btw even if the OP had made a typographical error, even presuming that you could have enquired as to why his wife shouldn't know about the divorce rather than straightaway smelling a rat...rat!

anyway, forget about it, enjoy your freedom now that you retained your right and can get on with life. So, get on with it.

P.S. I am not a "dude"! Another of your presumptions...

[/i]

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